CH 4 - Search & Surveillance Flashcards
What is the definition of Reasonable grounds to believe?
A
- sound basis
- believing
- that a situation or circumstance
- ACTUALLY exists.
What is the definition of Reasonable grounds to suspect?
sound basis
for suspecting
that a situation or circumstance
LIKELY to exist.
Definition of Evidential Material. ETR
- Evidence of the offence or any other item
- tangible or intangible
- relevant to investigation
What is a tracking device?
LO
Device (electronic or other) to help ascertain:
- location of thing or person
- AND/OR
- Whether a thing has been tampered/opened/dealt with
What is an Interception device? IRP
Device capable of
- intercepting
- recording
- A private communication:
- Does not include hearing aid
What is a Visual Surveillance device?
ORP
Electrical, mechanical, optical, electro optical, instrument or device capable of
- observing
- recording
- private activity:
Does not include glasses
What are the two types of searches that can be conducted immediately following arrest?
- Rubdown s.85-87
- Warrantless Search s.88
What is the primary purpose of a s.11 search of people in police custody and who should conduct the search?
PR
- protect person’s property
- remove items that they might harm themselves with.
- custodial or watchhouse employees
Where can a warrantless search of a person taken into custody take place? PVL
- Police Station
- Police Vehicle/Premises (police purpose)
- Locked up (pending bail decision)
When can you conduct a search of a person after they have been locked up?
NCP
- not searched before
- suspect close proximity to person not locked up/locked up
- RGTB person has possession anything that may be used to cause harm
What grounds do you need to apply for a search warrant?
SOL
Reasonable grounds to suspect:
- offence punishable by imprisonment being/about to/has been committed AND
- search will locate evidential material related to offence in place vehicle or thing
What must an issuing Officer be satisfied of to issue search warrant?
SIC
Reasonable grounds to suspect:
- Imprisonable offence
- is / will / has been committed
What must an issuing Officer be satisfied of in relation to you having reasonable grounds to believe?
B LRI
- Search will locate evidential material
- related to offence
- in/on place, vehicle, thing
What does a search warrant authorise you to do?
ESE
- Enter
- Search any Place, vehicle, thing &
- for evidential material relevant to an imprisonable offence
An issuing officer may allow a search warrant application to be given orally if: DD
- delay would compromise search
- properly determined by oral comms
all info supplied to issuing officer must be back captured in S&S system withing 24 hours